Below are the Kentucky fencing laws and regulations set aside when building a fence in the state:
By definition of law in the State of Kentucky, a fence shall be considered as:
I. A four feet high structure made of hedge, stone, plank, or rails
II. A structure that cattle cannot go through
III. A gate, also four feet tall, made of metal or wood that forms part of the fence
IV. An eight-by-six cattle guard with a two-by-six pit that forms part of the fence
Roark Fencing, your Georgetown fence company, has got you covered!
Shared Fences
Sometimes, people who own adjacent pieces of land may not be aware of how to divide the privacy fences and who takes responsibility for it. The situation usually results in boundary disagreements that may be very heated but can, however be solved by the following provisions in the State’s Laws:
- Both parties can co-own the fence, divide their property, and take care of maintenance.
- If the parties document their agreement in writing, the document is entered into the clerk’s office and holds the same weight as a deed.
- When the involved opt out of sharing, they are responsible for contacting a central fencing company or installation, keeping separate fences, and maintaining them.
Animals
If cattle break through one party’s fence and enter the second party’s land, the former is responsible for any damages to the property, crops, and other cattle. If the cattle break through the fence for a second time, the costs the owner of the cattle pays are double. After two breaches by the cattle, the owner of the trespassed land shall have a lien on the cattle. It means that he shall have possession of the cattle to cater for any further losses incurred in any subsequent trespasses. However, in cases where the cattle cross over to land not enclosed by a lawful fence, the cattle owner is not liable for damages in the first instance but for every other example after that.
What if one requires the initial construction of a farm boundary line?
The District Court is responsible for all actions concerning the construction or replacement of a farm boundary line. The owner of the piece of land needing the installation or replacement must file an action in the District Court. The file is supposed to describe the boundary line in question, the reason why a replacement or construction is needed, the fencing type that needs to be constructed, whether vegetation or an older fence needs to be removed by experts like a Georgetown fence company, Roark Fencing, and a suggested method to dispose of any material that is removed.
Costs Involved
The costs incurred by the court when removing the fence, removing vegetation, and disposing of material are divided in half, and each landowner caters for their portion.
- A railroad may pass through several pieces of land. It must be on equal terms and obligations with the landowners of adjoining lands.
- Every railroad is required to construct and maintain a lawful fence on one-half of the distance of the division line between the right of way and the adjoining lands.
- Once the railroad constructs its portion, the other party must build the fence on the line for the other half, pay a sum comparable to the construction price, or notify the railroad in writing of defaulting from payment.
- If the central fencing company or other party does not construct the fence, he or she shall be served with a notice. A fence should be built within four months of receiving the notice. Those served with a notice, whether the railroad or owner of the adjacent piece of land, should fail to construct the fence within four months.
- If any landowner gives the railroad a right of way free of charge, the railroad solely bears the cost of fencing on the division lines.
- If a landowner has built a fence for the distance instead of just half the length. In cases where there was no agreement between the railroad and the landowner, the landowner may choose to hire Georgetown’s fence company to move half of the fence. However, this can be done only after giving three months’ notice.
- All railroads are also responsible for installing cattle guards at all endpoints of the fences constructed along their lines, except public crossings, where lines are not required to be fenced on both sides.
- In cases where the lands of two railways run parallel, the railroad does not have to build any fence along its side next to the other railroad.
- Stray animals may be taken up by any landowner on a lease for under three years when found on his or her property.
These are a few of the Kentucky fence laws that govern landowner fencing regulations. When you completely understand the law, it is hard to make mistakes when erecting privacy fences around your property.